HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. – 74
Case :- CRIMINAL REVISION No. – 35 of 2020
Revisionist :- Mitra Varun Pandey @ Varun Pandey
Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Ashok Kumar
Counsel for Opposite Party :- G.A.
Hon’ble Om Prakash-VII,J.
The present criminal revision has been filed by the revisionist with the prayer to set aside the order dated 12.12.2019 passed by Judicial Magistrate, Khaga, Fatehpur in Case No. 302 of 2019 arising out of case crime no. 102 of 2018 under Section 377 IPC and also the entire proceedings of the aforesaid case.
Heard learned counsel for the revisionist and the learned AGA appearing for the State.
It appears that the revisionist claimed discharge for the offence under Section 377 IPC, which was rejected on the ground that victim girl has clearly supported the said offence in her statement recorded under Section 164 CrPC.
Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties and keeping in view the statement of the victim recorded under Section 164 CrPC, I am of the view that no case is made out to interfere with the impugned order. There is no illegality or infirmity in the said order. Merely on this basis that no mark of injury was found all over the body of victim girl at the time of medical examination, at this stage in this proceeding it cannot be said that statement made by victim girl under Section 164 CrPC is false. The Court / Magistrate dealing with matter at this stage has to see only prima-facie case and from the material available on record it cannot be said that no prima-facie case is made out against the revisionist. Further, to decide / adjudicate the plea raised before this Court leading of evidence would be required, which can appropriately be done before the court concerned at appropriate Stage. Hence, the prayer made in the present revision is refused. The revision being devoid of merits is liable to be dismissed and the same is accordingly dismissed.
Order Date :- 7.1.2020